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- To Whom It May Concern,
- Per your request, I am writing you a letter to dispute the move out summary I received via
- certified mail on October 17, 2017.
- The charges on the summary are as follows:
- $156 cleaning fee
- $550 for paint
- $500 blinds
- $260 damage fee (Which I called to inquire about and found out that this fee was assessed for
- water damage to the counter top due to the improper sealing of a seam)
- I did a very thorough, deep cleaning of the apartment before moving out including, but not
- limited to: wiping and sanitizing the fridge, wiping all the drawers and cabinets, cleaning the
- grate in front of the air filter, wiping all of the baseboards, cleaning and sanitizing all of the
- bathrooms and kitchen, and vacuuming and carpet cleaning all floors.
- If you feel the use of a professional cleaning service was warranted, then please reply with a
- detailed explanation and photographic evidence to the state of uncleanliness of the apartment.
- Failing that, a copy of the signed lease agreement with a clause for using the deposit to pay for
- a professional cleaning.
- Additionally, when I initially spoke with #{NAME_REDACTED} about returning my painted walls back to their
- original state I was told, and I quote, “any wall you have painted needs at least 2 coats” and
- that I “can get the paint details from the office (myself)”. I did exactly that. I found out from the
- office the exact color and brand of the paint used to paint my townhome. I then went out and
- bought paint, out of my own pocket, and spent hours painting the walls back to their original
- state. I also went out and purchased brand new blinds for any of the blinds that were bent, had
- slats missing, etc. Water damage to the cheap, laminate countertop due to the installer
- improperly sealing the seams is not my responsibility, nor could it have been avoided by me
- unless I never cleaned my countertops.
- For the purposes of this letter, it would benefit you to consult the 2017 Colorado Revised
- Statutes, specifically Title 38, Article 12, Part 1, but I have quoted the applicable sections below:
- 38-12- 103. Subsection 1: No security deposit shall be retained to cover normal wear and tear.
- In the event that actual cause exists for retaining any portion of the security deposit, the
- landlord shall provide the tenant with a written statement listing the exact reasons for the
- retention of any portion of the security deposit.
- 38-12- 102. Subsection 2: “Normal wear and tear" means that deterioration which occurs, based
- upon the use for which the rental unit is intended, without negligence, carelessness, accident, or
- abuse of the premises or equipment or chattels by the tenant or members of his household, or
- their invitees or guests.
- 38-12- 103. Subsection 3a: The willful retention of a security deposit in violation of this section
- shall render a landlord liable for treble the amount of that portion of the security deposit
- wrongfully withheld from the tenant, together with reasonable attorney fees and court costs;
- except that the tenant has the obligation to give notice to the landlord of his intention to file
- legal proceedings a minimum of seven days prior to filing said action.
- 38-12- 103. Subsection 3b: In any court action brought by a tenant under this section, the
- landlord shall bear the burden of proving that his withholding of the security deposit or any
- portion of it was not wrongful.
- Based on my calculations, I am owed $575.04 of my $850 deposit back.
- I am a busy woman, with both my children and career taking up a significant portion of my
- time, so this letter is a good faith attempt to resolve this matter out of court. Should it come to
- it, however, I am confident that my testimony, along with video and photo documentation will
- prove #{APT_COMPLEX} to be in the wrong.
- Please discuss this letter detailing this dispute of the move out summary with Evelyn and get
- back to me as soon as possible, so I may know how to proceed.
- Thank you for your time and attention in this matter.
- Sincerely,
- biker4487's girlfriend
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